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HomeMy WebLinkAbout11-08-1983 City Council Minutes ~o MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 8, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth ... at 7:35 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel and City Clerk Money. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consider- ation and discussion: Items 2, 14 and 15. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. ... 1. Minutes: a. October 11, 1983 - Regular Meeting - Approved. b. October 25, 1983 - Regular Meeting - Approved. 3. Animal Control Activity Report - October, 1983 - Received and Filed. 4. Building Division Monthly Activity Report - October, 1983 - Received and Filed. 5. Resolution recognizing IIWinter Storm Preparedness Week" - Approved. RESOLUTION NO. 83-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOGNIZING THE WEEK OF NOVEMBER 13 - 19, 1983 AS IIWINTER STORM PREPAREDNESS WEEKII AND, SUPPORTING THE EFFORTS OF GOVERNOR DEUKMEJIAN AND THE STATE OFFICE OF EMERGENCY SERVICES IN CALLING ATTENTION TO THE NEED FOR EMERGENCY PREPAREDNESS. 6. Resolution increasing encroachment permit fees for Public Utilities - Approved. RESOLUTION NO. 83-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FEES FOR REGULATING AND CONSTRUCTION OF CERTAIN PUBLIC UTILITIES IN AND UNDER PUBLIC RIGHT-OF-WAY. ... 7. Request of Chamber of Commerce to conduct Annual Christmas Parade - Approved. 8. Request of Elsinore Business and Professional Women's Club to operate food booth at Gediman Park during Christmas Parade - Approved. 231 Page two City Council Minutes November 8, 1983 CONSENT CALENDAR 9. Request of Lake Elsinore Valley Volunteers for use of Community Center and waiver of fees, Saturday, November 19, 1983 - Approved. oX) ~ t-- I'"":) ~ o 10. Request of Lake Elsinore Elks to sponsor Walk-A-Thon for handicapped children on November 12, 1983 - Approved. 11. Request of Lake Elsinore Marine Search and Rescue Team for donation of battery operated flashing yellow barricade lights - Approved. 12. Request of Conmunity Development CorporaUon (CDC) for endorsement of proposed railroad right-of-way purchase project - Approved. 13. Request of Frank DePasquale that City pay taxes on property at Heald and Main - which is being used as a public parking lot - Referred to City Attorney. 16. Set for Public Hearing - December 13, 1983 - Approved. a. General Plan Amendment 83-1 b. General Plan Amendment 83-2 c. General Plan Amendment 83-3 d. General Plan Amendment 83-4 e. General Plan Amendment 83-5 ITEMS REMOVED FROM CONSENT CALENDAR 2. Warrant List - Mayor Unsworth asked for clarification on(a) Warrant Nos. 19236, 19237, 19238, 19239 and 19240 - RDA Meetings Attended in September, (b) Warrant Nos. 19263 and 19338 - Layton Electronics. Finance Director to follow-up. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE WARRANT LIST - SEPTEMBER, 1983 - WARRANT NOS. 19227 THROUGH 19414 IN THE AMOUNT OF $339,143.57. 14. Agreement between City and Downtown Business Association - Mr. Porter stated that for consistency, the word 'tax' in Paragraph lb should be changed to 'fee', the word 'taxes' in Paragraph lc should be changed to 'fees', and, the word 'taxes' in Paragraph 5 should be changed to 'fees'. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT BETWEEN THE CITY AND THE DOWNTOWN BUSINESS ASSOCIATION AS CORRECTED. 15. Agreement to provide Election Services - Sequoia Pacific Systems Corporation - Mr. Torn asked for the recommendation on this item. City Clerk explained that the recommendation was for approval and authorization by Council to employ the services of Sequoia Pacific Systems to provide election services to the City of Lake Elsinore General Municipal Election in April, 1984. ,..-. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE PROPOSAL OF SEQUOIA PACIFIC SYSTEMS CORPORATION TO PROVIDE ELECTION SERVICES FOR THE GENERAL MUNICIPAL ELECTION IN APRIL, 1984. PUBLIC HEARINGS 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Zone Change 82-9 and asked staff to identify the project and give recommendations. Mr. Trevino reported that the applicant, Buron A. Murray, requested the City of Lake Elsinore annex 12.32 acres located within and contiguous to the corporate limits. The area is termed the "Rome Hill Specific Plan". The ~2 Page three City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits - Continued. City Council approved the annexation request in December, 1982, with the proviso that the subject property obtain a pre-annexation zone change to Alternative A, Conditional (SP) Specific Plan Zone, which is a requirement of the Local Agency Formation Commission (LAFCO). The location of the pro- posed zone change is west of Stoneman Street and south of Como Street. The ... existing Riverside County zoning is R-R (Rural Residential). The proposed zoning is SP (Specific Plan). The Planning Commission recommends approval of Zone Change 82-9 subject to the following conditions, and approval of first reading of ordinance imple- menting said zone change: 1. Pre-annexation Zone Change to Alternative A, Conditional (SP) Specific Plan Zone. 2. A finding of conformance to the General Plan. 3. No significant impact upon the environment. 4. Issuance of a Negative Declaration. The City Clerk stated that no correspondence had been received by the City Clerk's office regarding this matter. Mayor Unsworth opened the public hearing at 7:44 p.m. asking those in favor of Zone Change 82-9 to speak. Fred Crowe, Butterfield Surveys, 620 W. Graham Street, representing Mr. Murray, stated that Mr. Murray owns contiguous property which is now located in the County and the City. He desires to annex the County property into the City in order to simplify development of the property at a later time. Buron Murray, 18975 Palomar Street, owner of the property, urged Council to approve the pre-annexation zone change. -- Mayor Unsworth asked those in opposition to Zone Change 82-9 to speak. Bob Crewe,32658 Rome Hill Road, owner of the property adjacent to Mr. Murray's, stated he is in opposition to the Zone Change, due to the future development of the property. Development would increase traffic on Rome Hill Road which is a dedicated unmaintained dirt road and the property owners do not want increased traffic. R.E. Miller, Rome Hill Road, owner of property adjacent to the proposed annex- ation, stated his opposition to any use of Rome Hill Road to tie in with the project. If the annexation is approved he requested that the boundary line be walled in and separated from existing property. Ken Staller, Stoneman Street property owner, expressed his opposition to the zone change and potential development. Would like property to remain Rural Residential. Mayor Unsworth closed the public hearing at 7:49 p.m. Council questions and discussion followed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ... ZONE CHANGE 82-9 SUBJECT TO FOUR PLANNING COMMISSION CONDITIONS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WlTHIN THE AREA DESIGNATED AS THE ROME HILL ANNEXATION AREA. 233 Page four City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits - Continued. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 685. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE XJ 1:'-0 r-. I"":) o o 32. Extension of Interim Urgency Ordinance. Mayor Unsworth announced this was the time and place for a public hearing pursuant to extension of an Interim Urgency Ordinance. Mr. Porter gave background on the need for new zoning ordinance to comply with the General Plan. Several weeks ago Council adopted an interum urgency ord- inance which said that zoning is controlled by the General Plan. According to law, this urgency ordinance can only be in effect for 45 days and if the need continues, Council can, after a noticed public hearing, adopt the same ordinance for a period of ten months and fifteen days. Staff recommends adoption of a new interim zoning ordinance. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 8:02 p.m. aSking those in favor of extension of interim zoning ordinance to speak. No one asked to speak. Mayor Unsworth asked those in opposition to extension of interim zoning ordinance to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:03 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 687 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROHIBITING ANY LAND USES WHICH MAY CONFLICT WITH A CONTEMPLATED CITY-WIDE ZONE CHANGE TO ESTABLISH CONSISTENCY BETWEEN ZONING AND GENERAL PLAN DESIGNATIONS AND RE- PEALING ORDINANCE NO. 681. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 687. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 Feet Southeast of Railroad Canyon Road - North Side of Mission Trail. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Tentative Parcel Map 19261 and asked staff to identify the project and give recommendations. Mr. Trevino reported that this is a proposal for a four (4) parcel subdivi- sion of 9.95~ acres, located approximately 1200 feet southeast of Railroad Canyon Road, to create a small retail lot adjacent to existing shopping center. Planning Commission recommends approval of Tentative Parcel Map 19261 subject to the following twenty-three (23) conditions: 1. All formally establish~d landscaping to remain. 2. Applicant to sign reciprocal parking agreement for the entire site. 3. Comply with all requirements of the Subdivision Map Act and City Codes. 284 Page five City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 feet Southeast of Railroad Canyon Road - North Side of Mission Trail - Continued. 4. Meet all requirements of Ordinance No. 572. 5. A finding of conformance to the General Plan. 6. A finding of no significant impact upon the environment. 7. Issuance of a Negative Declaration. .... 8. Casino Drive is proposed in the General Plan to be 100 feet right-of-way with 76 foot roadway. Staff will recommend in a General Plan Amendment that this street be downgraded to 80 feet right-of-way with 64 feet of roadway, curb to curb. Therefore, no dedication will be required if the proposed General Plan Amendment is approved. No additional dedication is required on Mission Trail. The General Plan presently requires 50 foot one-half street dedication for right-of-way on Casino Drive with the curb line 38 feet from centerline. 9. Install curb and gutter across the Casino Drive frontage of this property at time of Building Permit issuance. The curb shall be 32 feet from centerline, if the General Plan Amendment is approved. 10. Install an 8 foot wide commercial sidewalk across the Casino Drive frontage of this property at time of Building Permit issuance. 11. Construct paving on Casino Drive from curb1ine to centerline to City standards using a Traffic Index of 7.5. Submit tests to show that existing paving conforms to City standards. The paving to be deferred until Building Permit issuance. .12. Repair the center 14 foot width of existing paving, which is deteriorating, as required by the City Engineer. Completely reconstruct this 14 foot width if tests indicate this is needed in the opinion of the City Engineer. Sand seal the remainder of the existing paving from curb1ine to street centerline. This requirement to be imposed as condition of Building Permit issuance. .... 13. Before Building Permit issuance, submit soil and geology report which includes street design. 14. Provide a plan to be approved by the City Engineer for receiving, chan- neling and discharging into Mission Trail the storm water run-off discharged onto applicant's property from pipes under Casino Drive. 15. Applicant must sign an acceptance letter to the satisfaction of the City Attorney to eliminate any City liability, for storm water run-off discharged onto applicant's property from existing pipes under Casino Drive. Provide an equitable share ($15,000.00) of cost to provide off- site facilities to collect and carry storm water run-off to an adequate point of disposal. Applicant to clean drain pipe under Mission Trail. This condition to be enforced at time of Building Permit issuance. 16. Provide street lighting on Mission Trail and Casino Drive, at time of Building Permit issuance, conforming to standards approved by the City Counc 17. Plans and specifications for off-site public improvements must be prepared ... at time of issuance of Building Permits per Ordinance No. 572. 18. Agree to participate in a Lighting and Landscaping District. 19. Agree to participate in the cost of Regional Collection and Treatment of Sewage. Comply with'the City of Lake Elsinore, County of Riverside Health Department and Regional Water Quality Control Board requirements on sewage disposal, at time of Building Permit issuance. 2:1b Page six City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 feet Southeast of Railroad Canyon Road - North Side of Mission Trail - Continued. 20. Provide letter from E.V.M.W.D. for water service availability and comply with the County Fire Department regarding fire protection requirements. Dedicate underground water rights to the City. 21. Pay at time of Building Permit issuance, a traffic signalization fee of $30,000.00 to mitigate traffic safety hazards. 22. Pay Public Safety and Capital Improvement fees at time of Building Permit issuance. 00 r-- l'- I~ o Q Street Capital Improvement Fee: Park Capital Fee: Storm Drain Fee: $13,003.00 $ 4,334.00 $ 8,668.00 TOTAL $26,005.00 23. Provide trees in sidewalk along Mission Trail and Casino Drive at Building Permit issuance, if required by the City Council. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 8:07 p.m. asking those in favor of Tentative Parcel Map 19261 to speak. No one asked to speak. Mayor Unswroth asked those in opposition to Tentative Parcel Map 19261 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:08 p.m. Mr. Knight asked for clarification of this request. Council discussion ensued regarding parking area and vehicular access between parcels. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP 19261 SUBJECT TO THE EXISTING TWENTY-THREE (23) CONDITIONS PLUS CONDITION NO. 24: NO VEHICULAR ACCESS FROM PARCEL 2 TO PARCEL 3, AT CITY ENGINEER'S DISCRETION, AND CONDITION NO. 25: ALL MECHANICAL APPURTENANCES BE SCREENED AS OTHER COMMERCIAL PROJECTS. BUSINESS ITEMS 51. Commercial Project 83-9: R & B Investors - Proposal to Construct 4250 Square Foot Commercial Office Structure - Near Riverside Drive and Joy Avenue. Mr. Trevino reported this is a request by R & B Investors to construct a commercial office structure on the west side of Riverside Drive, 300 feet north of Joy Avenue. The Planning Commission and Design Review Board re- commend approval of Commercial Project 83-9 subject to twenty~seven (27) conditions. - Mr. Torn questioned Condition No.7 - Public Safety and Capital Improvement Fees. He recommended omitting dollar amounts at this time. He voiced another concern regarding traffic signalization fees. Other commercial projects in this same area have been approved recently and have had these signalization fees attached. Mr. Rubel explained that this project is in an assessment area and is not a discretionary item. Mr. Torn stated and Mr. Porter con- curred, that the only thing Council has authority to approve in a CP zone is a plot plan. No plot plan was included at this time. Mr. Trevino requested an Executive Session to discuss this item further. Mayor Unsworth stated this project would be brought back in Executive Session after the other business items were heard. , 'I -.J f: ~ ,}l ,} Page seven City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued 52. Ordinance No. 682 - P.E.R.S. Contract - Final Reading MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the ordinance. ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 682. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE - 53. Mosquito Abatement Ordinance Mr. Porter gave background on the mosquito abatement program and stated that the ordinance is proposed in order for City personnel to enter onto private property to accomplish this work. Also, in certain instances, the City can require the property owner to take care of the nuisance himself. If he fails to do so, after proper notice and right of appeal, then the City can perform the work and cause the work to become a lien on the real property, if not paid. Work performed under $25.00 will be charged to the City General Fund. Staff recommends adoption of the mosquito abatement ordinance. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. - The City Clerk read the title of the ordinance. ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR MOSQUITO PROCEDURES AND ASSESSMENTS. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 686. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 54. Left-Turn Lanes on Machado Street Mr. Rubel reported on a proposal for left-turn lanes on Machado Street at Huntsman Mobile Home Park and Machado Pines Mobile Home Park and also at Joy Street. Council has expressed interest and concern regarding this project in the past. Staff feels these left-turn lanes are necessary in the interest of traffic safety. Council discussion ensued regarding the necessity of this project. Mr. Torn stated a large amount of monies resulting from the upcoming bond issue have been earmarked for street improvements. He recommends this project be placed on the street improvement priority list and if justified, this area be restriped and repaved as part of that program. Mr. Knight stated that with the development in the area, traffic on Machado Street is increasing and these turn lanes will greatly improve traffic safety. Council concurred to place this project on street improvement priority list for future review. - 231 Page eight City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued 55. Appropriation of Funds for Improvement of Storm Drain Channel. Mr. Trevino reported that since this report was written he has met with the homeowners and they are attempting to work out some solution. He recommended pulling this item off agenda to allow time to work with homeowners. Council concurred to remove item from the agenda and refer to Mr. Trevino and Staff to allow time to meet with homeowners and discuss other alternatives and bring report back to Council. Street Improvement Requirements for ARA Transportation between Collier Avenue and Minthorn Street. 56. 00 ~ ~ ~ o o Mr. Rubel reported that the developer of the ARA Transportation site feels he should not be responsible for off-site improvements on Collier Avenue because of the 60 foot wide railroad right-of-way which exists between his property and the existing Collier Avenue traveled way. It is anticipated that the railroad right-of-way will be acquired by the City and/or the owner of ARA Transportation. When the right-of~ay is acquired, Collier Avenue can be widened and it is proposed that this developer be required to record a lien agreement to defer the Collier Avenue widening. St~ff recom- mends as follows: 1. Determine that, in compliance with Ordinance No. 572, developer of ARA Transportation site must provide off-site improvements on the Collier Avenue frontage. 2. Authorize deferment of the improvements on Collier Avenue by recorded agreement. Council discussion ensued regarding right-of-way, parking facilities and property access. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. 57. Approval of Water Line Extension from Existing Well. Mr. Rubel reported that Council directed staff to prepare plans and specifi- cations and solicit bids for a waterline extension in Country Club Drive and Mill Street. Also included in this contract will be a waterline extension in Eleanor Street from Lakeshore Drive extending 160 feet toward the lake. It is also recommended that the water main extension for connecting the well to existing water distribution system be included with this contract. Staff recommends appropriating $15,000 for the 900 foot, 12-inch diameter water line extension from the well to connect to existing distribution system. Council discussion followed. Mrs. Valenzuela asked for clarification of location of proposed waterline extensions and scope of the project. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE STAFF RECOMMENDA- TIONS TO APPROPRIATE $15,000 AND GO TO BID. AYES: KNIGHT, TORN, UNSWORTH NOES: MAC MURRAY, VALENZUELA 58. Payment of Consultant for Lighting and Landscaping District. Mr. Rubel reported that Kenneth Mullen, Consulting Engineers, Inc. was retained by the City in April, 1983, for engineering consultation for the proposed Lighting and Landscaping District. The resulting fee was higher than antici- pated because the total number of parcels involved was more than originally estimated. Staff recommends payment to Kenneth Mullen, Consulting Engineers, Inc. of $23,299.50. Council discussion ensued regarding services performed under this contract. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE PAYMENT OF $23,299.50 TO KENNETH MULLEN, CONSULTING ENGINEERS, INC. ~R Page nine City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued Council recessed at 9:16 p.m. Council reconvened at 9:30 p.m. 59. Resolution Increasing Encroachment Permit Fees. Mr. Rubel gave background on the necessity for a new resolution increasing encroachment permit fees. He plans to collect data from other cities and propose an additional adjustment which will be in conformance with other jurisdictions. Staff recommends approval of this resolution. Mr. Knight suggested this be postponed until data is compiled from other cities so that all information can be reviewed at one time and this will not have to be brought back for further action. -- MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM TO NEXT COUNCIL MEETING. 60. Request to Encroach into Street Right-Of-Way with Retaining Wall. Mr. Rubel reported that Kimball Thompson is requesting permission to encroach into street right-of-way to construct a retaining wall at 1309 W. Heald Street. He feels this request is not justified and if approved would set a prece- dent which would not be of benefit to the area. All other property owners along Heald Street have placed walls and fences adjacent to the existing 80-foot wide right-of-way. Staff recommends denial of request. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST TO ENCROACH INTO STREET RIGHT-OF-WAY WITH RETAINING WALL. 61. Telephone Company Request to Close Railroad Canyon Road. Mr. Rubel reported that General Telephone Company has requested temporary closure of Railroad Canyon Road from Interstate 15 to the easterly City limits from November 9 through December 9,1983, in order to install under- ground telephone ducts. Staff feels this would be in the public interest and recommends approval of resolution authorizing this closure. - Council felt this project needs to be done now, prior to repaving of Railroad Canyon Road as the Telephone Company would have to tear up the road to com- plete this work. The road will be available and open for use on weekends and after 4:00 p.m., and to school buses and emergency vehicles. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-73 AUTHORIZING TEMPORARY CLOSURE OF RAILROAD CANYON ROAD. RESOLUTION NO. 83-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING TEMPORARY CLOSURE OF RAILROAD CANYON ROAD FROM INTERSTATE 15 TO THE EASTERLY CITY LIMITS. 62. Swick Park Lighting and Fencing Contract Report. Mr. Porter gave background on this contract with Allied Sprinkler Company. The City proposed to withhold $800.00 for liquidated damages and $1200 for work performed by the City from the ten percent retention of $11,432.85, pursuant to the Swick Park Lighting and Fencing contract. The contractor alleged the City caused him approximately $800.00 in damage by bending some large anchor bolts which had to be replaced. In discussion with the con- tractor, a tentative agreement was reached whereby the City would add an allowance of $400.00 to funds to be paid contractor for damage to the anchor bolts. It is recommended that Council authorize release of $9,832.85 from ten percent retention as full and final settlement of contract and claim, upon receipt of warranties and guaranties from contractor. -- ~~~ Page ten City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued. 62. Swick Park Lighting and Fencing Contract Report - Continued. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE PAYMENT OF $9,823.85 AS FULL AND FINAL SETTLEMENT OF SWICK PARK LIGHTING AND FENCING CONTRACT AND CLAIM, UPON RECEIPT OF WARRANTIES AND GUARANTIES FROM CONTRACTOR. EXECUTIVE SESSION Council adjourned to Executive Session at 9:46 p.m. to discuss Item 51 - Commercial Project 83-9. Council reconvened at 10:25 p.m. with the following action being taken. ~ ~ ~ ~ Q Q MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE COMMER- CIAL PROJECT 83-9 TO NEXT COUNCIL MEETING FOR PLOT PLAN REVIEW. PUBLIC COMMENTS Marianna Mohylyn, 305 W. Sumner, commented on her opposition to the mosquito abatement ordinance. Eugene Carter, 109 Lowell Street, commented on a water rate increase effective in June, 1983. Mr. Porter will follow-up and respond. Paul Moyer, 881 Park Way, commented on the problem of water run-off and dirt washing down after a rain and settling at the corner of his street. Mr. Rubel will follow-up. ,-- Lee Allen, 270 Avenue 9, commented on the problem of barking dogs and businesses along Main Street which have closed recently. Fred Crowe, Butterfield Surveys, 620 W. Graham, suggested that staff follow-up and inform persons who are scheduled to be on Council agendas that they should be present. Mr. Trevino will follow-up on procedure. Ray Hernon, 261 E. Peck, complimented Council and staff on clean-up of the Lakeshore Drive area. Marianna Mohylyn, 305 W. Sumner, commented on the downtown businesses and on the need for sidewalks on Sumner Avenue. REPORTS AND RECOMMENDATIONS Mr. Porter requested a Closed Session to discuss a matter of litigation. ..... Mr. Trevino gave a status report on the redecorating of City Hall. Staff is now complete and things are moving in a positive direction. Mr. Torn commented on the church group, Familia del Nuevo Nacimiento Church, which was given permission to use the gazebo at City Park. The function was excessively noisy until quite late at night. We need to control evening uses of the park. Lee Allen, 270 Avenue 9, asked what can be done regarding barking dogs. Mr. Porter explained this is a difficult problem to control. The City really cannot solve this problem. The injured parties can resort to Small Claims Court. Mrs. Valenzuela stated that the emergency manuals are almost completed. She has had many volunteers from the Community and will have a full report at the next meeting. Mr. Mac Murray stated he has had several requests to have Sheriff's Department monitor the speed limit on Graham Avenue between Main and the Junior High School. Mr. Trevino will follow-up. Mr. Knight asked if staff has been able to determine the ultimate width of Riverside Drive. Mr. Rubel will follow-up. He also inquired about traffic signal on Railroad Canyon Road and Mission Trail. Mr. Rubel stated they will be in operation in approximately two weeks. J;340 Page eleven City Council Minutes November 8, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Knight stated he is happy to see that City Park is being used extensively. Mayor Unsworth asked if Council should consider removing the Jubilee Committee now that the Founder's Day celebration is over. Council comments followed. It was suggested that a study session be scheduled with Council and the Jubilee Committee to determine the disposition of this committee. Mayor Unsworth reported that there are twenty-three persons involved in the Neighborhood Watch training program. More volunteers are welcomed. .... EXECUTIVE SESSION Council adjourned to Executive Session at 11:13 p.m. to discuss a matter of 1 i ti gation. Council reconvened at 11:23 p.m. Mr. Porter reported that a law suit has been filed by the Federal Emergency Man- agement Agency against the City of Lake Elsinore, County of Riverside, Elsinore Valley Municipal Water District, Lake Elsinore Park and Recreation Board, Temescal Water Company and the State Park and Recreation District to recover $2,174,685.24 which FEMA spent in the valley as a result of the 1980 flood disaster. The suit has been tendered to the City's Insurance Company and they are studying it and will advise whether the City will be given a defense. Mr. Porter will keep Council advised as to the status of this litigation. No Council action is required at this time. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:27 P.M. - ~ ~ /j/~7Z JO~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ....